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House Bill 2626 History
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ENROLLED
COMMITTEE SUBSTITUTE
for
H. B. 2626
(By Delegates Brown, D. Poling, Fleischauer and Talbott)
[Passed March 9, 2011; in effect from passage.]
A BILL to amend and reenact article 10, chapter 64 of the code of
West Virginia, 1931, as amended, all relating generally to the
promulgation of administrative rules by the Department of
Commerce; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended
by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the
Workforce West Virginia
to promulgate a legislative rule
related to
the employer
violator system, (96 CSR 3); authorizing the Division of
Natural Resources to promulgate legislative rules relating to
special motorboating regulations, (58 CSR 27), prohibitions
when hunting and trapping, (58 CSR 47), and general hunting,
(58 CSR 49); authorizing the Division of Labor to promulgate
legislative rules relating to the Elevator Safety Act, (42 CSR
21), supervision of elevator mechanics and apprentices, (42
CSR 21A), the Crane Operator Certification Act, (42 CSR 24),
and the Crane Operator Certification Act - practical
examination, (42 CSR 25).
Be it enacted by the Legislature of West Virginia:
That article 10, chapter 64 of the code of West Virginia,
1931, as amended, be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-1. Workforce West Virginia.
The legislative rule filed in the state register on the
twenty-fourth day of September, two thousand nine, authorized under
the authority of section four, article one, chapter twenty-one-a,
of this code, modified by Workforce West Virginia to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the eighteenth day of October, two thousand ten, relating to Workforce West Virginia (employer
violator system, 96 CSR 3), is authorized.
§64-10-2. Division of Natural Resources.
(a) The legislative rule filed in the state register on the
twenty-ninth day of June, two thousand ten, authorized under the
authority of section twenty-three, article seven, chapter twenty,
of this code, modified by the Division of Natural Resources to meet
the objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-eighth day of July, two
thousand ten, relating to the Division of Natural Resources
(special motorboating regulations, 58 CSR 27), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (prohibitions
when hunting and trapping, 58 CSR 47), is authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, two thousand ten, authorized under the
authority of section seven, article one, chapter twenty, of this
code, relating to the Division of Natural Resources (general
hunting, 58 CSR 49), is authorized.
§64-10-3. Division of Labor.
(a) The legislative rule filed in the state register on the
thirtieth day of July, two thousand ten, authorized under the authority of section eleven, article three-c, chapter twenty-one,
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-third day of September,
two thousand ten, relating to the Division of Labor (Elevator
Safety Act, 42 CSR 21), is authorized.
(b) The legislative rule filed in the state register on the
thirtieth day of July, two thousand ten, authorized under the
authority of section eleven, article three-c, chapter twenty-one,
of this code, modified by the Division of Labor to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the state register on the twenty-third day of September,
two thousand ten, relating to the Division of Labor (supervision of
elevator mechanics and apprentices, 42 CSR 21A), is authorized.
(c) The legislative rule filed in the state register on the
twenty-third day of July, two thousand ten, authorized under the
authority of section three, article three-d, chapter twenty-one, of
this code, modified by the Division of Labor to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
state register on the twenty-third day of September, two thousand
ten, relating to the Division of Labor (Crane Operator
Certification Act, 42 CSR 24), is authorized
with the following
amendment:
On page five, subdivision 5.5(a) after the words "as required by", by striking the words "paragraph 4.5.1(f)" and inserting in
lieu thereof the words "subdivision 5.1(f)"
;
And,
On page eight, subsection 7.3, by striking out "25-5" and
inserting in lieu thereof "25-4".
(d) The legislative rule filed in the state register on the
twenty-third day of July, two thousand ten, authorized under the
authority of section three, article three-d, chapter twenty-one, of
this code, modified by the Division of Labor to meet the objections
of the Legislative Rule-Making Review Committee and refiled in the
state register on the twenty-third day of September, two thousand
ten, relating to the Division of Labor (Crane Operator
Certification Act - practical examination, 42 CSR 25), is
authorized.